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High Court of Malawi Civil Division - 2023 June

4 judgments
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4 judgments
Citation
Judgment date
June 2023
Chipantha & Msika v Attorney General (Ministry of Health) (Civil Cause 144 of 2021) [2023] MWHCCiv 16 (28 June 2023)
Assessment of damages for retained surgical pack causing prolonged injury; infertility claim not established by medical evidence.
Medical negligence – retained surgical pack after caesarean – prolonged infection and multiple surgeries – assessment of quantum for pain and suffering, loss of amenities and disfigurement – inability to prove infertility without medical evidence – ex parte assessment after strike‑out of defence – reliance on comparable precedents and consideration of currency devaluation.
 28 June 2023
Sichone v Chilango and Another (Land Cause 44 of 2022) [2023] MWHCCiv 35 (26 June 2023)
High Court lacks first-instance jurisdiction over customary land disputes; interlocutory injunction and claim dismissed, no costs, leave to appeal refused.
Customary land — Appellate jurisdiction of High Court under s49 Customary Land Act and Reg 76 — First-instance customary land disputes to customary tribunals — Interlocutory injunction inappropriate in wrong forum — Legal Aid: no costs against legally-aided person — Leave to appeal refused.
 26 June 2023
Kantandiro v Malawi Housing Corporation (Personal Injury 1254 of 2021) [2023] MWHCCiv 14 (16 June 2023)
A statutory public corporation was held to be protected from seizure-and-sale enforcement under Order 34; the sale and seizure was stayed.
:[
 16 June 2023
Sibande v Wipa and Another (Civil Cause 274 of 2021) [2023] MWHCCiv 38 (15 June 2023)
Default judgment refused due to incurable procedural defects and lack of jurisdiction in a customary land dispute.
Civil procedure – Default judgment – Proof of service and supporting sworn statements – Procedural irregularities (undated/unsigned summons) – Jurisdiction – Customary land disputes and the Customary Land Act 2016 – Effect of subordinate court orders and parties – Costs discretion.
 15 June 2023